Employee and Employer Contributions
The Incore Residential LLC 401(k) Profit Sharing Plan & Trust likely includes both employee contributions (funded by the participant via payroll deductions) and employer contributions (funded by the company). A well-drafted QDRO should specify whether both types of contributions are being divided or just the participant’s own contributions.
In most divorces, the alternate payee (usually the non-participant spouse) receives a percentage of the account as of a specific cutoff date — most commonly the date of separation or divorce judgment. Divorce attorneys often miss the employer portion or don’t confirm whether employer contributions are vested, which brings us to a major issue below.

